(SS) Davidson v. Commissioner of Social Security

Opinion

8 FRESNO DIVISION 11 12 Diane Deone Davidson, Case No. 1:19-cv-00099

13 Plaintiff, STIPULATION AND ORDER FOR THE 14 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 15 (EAJA) 16 Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) Social Security, 17 18 Defendant. 19 TO THE HONORABLE JEREMY D. PETERSON, MAGISTRATE JUDGE OF 20 THE UNITED STATES DISTRICT COURT: 21 The Parties through their undersigned counsel, subject to the Court’s approval, 22 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND 23 FIVE HUNDRED DOLLARS AND 00/100, $7,500.00, under the Equal Access to 24 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 25 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 26 action, in accordance with 28 U.S.C. § 2412(d). 27 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 11 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 12 counsel, Jonathan O. Peña. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 EAJA fees, and does not constitute an admission of liability on the part of Defendant 15 16 under the EAJA. Payment of SEVEN THOUSAND FIVE HUNDRED DOLLARS 17 AND 00/100, $7,500.00 in EAJA attorney fees shall constitute a complete release from, 18 and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, 19 may have relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 21 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 22 provisions of the EAJA. 23 Respectfully submitted, 24

25 Dated: April 2, 2020 /s/ Jonathan O. Peña 26 J ONATHAN O. PEÑA Attorney for Plaintiff 27 1 Dated: April 2, 2020 McGREGOR W. SCOTT United States Attorney Regional Chief Counsel, Region IX 3 Social Security Administration 4 By: _*_Donna Wade Anderson 5 Donna Wade Anderson 6 Special Assistant U.S. Attorney Attorneys for Defendant 7 (*Permission to use electronic signature 8 obtained via email on April 2, 2020). 9

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 The parties’ stipulation is approved and so ordered. 3 4 || IT IS SO ORDERED. 5 6 || Dated: __April 6, 2020 N prssenp —_ UNI STATE AGISTRATE JUDGE

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